This guide is provided as practical information for tenants in England. It does not constitute legal advice. Housing law is subject to change — always check the current legal position or seek qualified advice before taking formal action, particularly before withholding rent or pursuing a legal claim.
Last reviewed: June 2026. Reflects the Renters’ Rights Act implementation position known at the time of review.
What Counts as Disrepair?
Disrepair refers to a physical defect or deterioration in the property that your landlord is legally responsible for fixing. Common examples include:
- Damp, mould or condensation caused by structural defects
- Broken or inadequate heating, hot water or electrical systems
- Leaking roof, gutters, pipes or windows
- Structural problems such as subsidence, cracked walls or crumbling masonry
- Unsafe stairs, flooring or balconies
- Infestation caused by the property's condition
- Defective doors or windows that compromise security or weatherproofing
Legal Duties of Landlords
Landlords in England have a number of overlapping legal duties regarding repairs and property standards:
- LTA 1985 s.11 Landlord and Tenant Act 1985: Landlords must keep the structure and exterior in repair, and maintain installations for water, gas, electricity and sanitation in proper working order.
- FFHHA 2018 Homes (Fitness for Human Habitation) Act 2018: The property must be fit to live in at the start of, and throughout, the tenancy. This covers serious hazards including damp, mould, excess cold and structural instability.
- HHSRS Housing Health and Safety Rating System: Local councils use this framework to assess and categorise housing hazards. Category 1 hazards are the most serious hazards under the HHSRS. Where a council identifies a Category 1 hazard, it generally has a duty to take appropriate enforcement action, which may include an improvement notice, hazard awareness notice, prohibition order, emergency remedial action, or other available powers depending on the circumstances.
Renters’ Rights Act 2025 & Awaab’s Law: The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, with the first phase of reforms in force from 1 May 2026. The Act provides for Awaab’s Law and a Decent Homes Standard to be extended to the private rented sector in later implementation phases. Awaab’s Law currently applies to social housing and sets strict timescales for addressing damp, mould and specified hazards. For private rented homes, the detailed implementation rules and commencement timing should be checked before relying on these provisions. Read the full Act.
Note that a landlord’s repair duty is generally triggered when they have been notified of the problem. Always report disrepair in writing and keep a copy.
Reporting the Disrepair
Always notify your landlord or letting agent in writing. A written record is essential if you later need to escalate or take legal action. Your report should include:
- A clear description of the problem and where it is in the property
- The date you first noticed it
- Photos or videos showing the condition
- Any impact on your health, daily routine or belongings
- A request for a reasonable timescale for repair
Keep copies of everything you send and receive, including any acknowledgements or responses from your landlord.
What If They Don’t Fix It?
If your landlord does not respond or fails to carry out repairs within a reasonable time, you have several escalation options:
- Send a formal follow-up — use our Disrepair Complaint Letter to put the matter on formal notice and make clear you will escalate if not resolved.
- Contact your local council’s Environmental Health Team — they have powers to inspect the property and assess it under the HHSRS. Where a Category 1 hazard is found, the council generally has a duty to take enforcement action. This may result in an improvement notice or, in serious cases, emergency remedial action.
- Report to the Housing Ombudsman or Property Redress Scheme — where the landlord uses a letting agent, the agent is likely registered with a redress scheme. These routes are separate from council enforcement.
- Take legal action — in some circumstances you may be able to apply to court for an injunction requiring repairs, or claim compensation for losses suffered.
Legal Action and Compensation
If the disrepair has caused you loss, inconvenience, or harm to your health, you may have grounds to claim compensation. This can include:
- General damages for the inconvenience of living in substandard conditions
- Damages for any adverse effect on your health
- Compensation for damage to personal belongings caused by the disrepair
- A reduction in rent paid for the period the property was in disrepair
To begin the process, complete our Start a Claim form and a member of our team will be in touch to advise on next steps.
Emergency Repairs
Some disrepair constitutes an immediate health or safety emergency. This includes:
- Gas leaks or suspected carbon monoxide issues — call the National Gas Emergency line: 0800 111 999
- Complete loss of heating or hot water during cold weather
- Serious electrical faults or exposed wiring
- Flooding or severe roof damage causing water ingress
- Structural collapse or imminent risk of structural failure
Contact your landlord or letting agent immediately — by phone as well as in writing. If there is an immediate risk to life, contact the relevant emergency service first.
If your landlord fails to act on a genuine emergency, you may be able to contact your council’s emergency housing line for urgent intervention.
In limited circumstances, the law may allow a tenant to arrange and pay for emergency repairs and deduct the reasonable cost from future rent — sometimes referred to as the “rent deduction remedy.” This is a high-risk course of action. Getting it wrong could put you in breach of your tenancy agreement and leave you exposed to possession proceedings. You must have notified your landlord first, given them a reasonable opportunity to act, and the repair must be genuinely urgent. Do not take this step without obtaining qualified legal advice beforehand.
Need More Support?
If you are unsure of your rights, are facing difficulty getting repairs done, or are considering legal action, TLA’s support team and legal advisers can help.
- Ask a specific question via our Legal Question page
- Explore all housing law support through our Legal Support Hub
- Download documents including the Repair Request Form and Complaint Letter
- Start a formal case through our Start a Claim service
You can also seek free independent advice from Shelter, Citizens Advice, or your local council’s housing team.
Need help taking the next step?
Download the right form, escalate formally, or ask our team to help you understand your options.
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